B-117935, FEB 5, 1954

B-117935, FEB 5, 1954

PRECIS-UNAVAILABLE

LIEUTENANT THORNTON L. SLATER, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 5, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD SEPTEMBER 23 TO NOVEMBER 21, 1952, IN CONNECTION WITH TEMPORARY DUTY PERFORMED BY YOU AT GUANTANAMO BAY, CUBA.

BY ORDERS OF SEPTEMBER 15, 1952, FROM THE COMMANDER SERVICE FORCE, U. S. ATLANTIC FLEET, NORFOLK, VIRGINIA, YOU WERE DIRECTED TO PROCEED TO THE NAVAL SUPPLY DEPOT, GUANTANAMO BAY, CUBA, FOR TEMPORARY DUTY AS RELIEF FOR ANOTHER OFFICER, AS OFFICER IN CHARGE OF CARGO HANDLING BATTALION ONE, DETACHMENT ROGER, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION AT CARGO HANDLING BATTALION ONE, WILLIAMSBURG, VIRGINIA. PARAGRAPH 5 OF SUCH ORDERS STATED THAT PER DIEM WOULD BE ALLOWED "EXCEPT WHILE AT GUANTANAMO BAY, CUBA." IT IS STATED THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE FURNISHED DURING THE PERIOD INVOLVED.

WHILE PARAGRAPHS 4200 AND 4201, JOINT TRAVEL REGULATIONS, PROVIDE FOR THE PAYMENT OF PER DIEM TO MILITARY PERSONNEL FOR ALL PERIODS OF TEMPORARY DUTY AND TRAVEL IN CONNECTION THEREWITH, WITH CERTAIN EXCEPTIONS NOT MATERIAL HERE, SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PRESCRIBING OF PER DIEM ONLY FOR PERIODS OF TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY." IN A REPORT TO THIS OFFICE DATED JUNE 11, 1953, THE CHIEF OF NAVAL PERSONNEL EXPRESSED THE VIEW THAT THE PROVISION IN THE ORDERS OF SEPTEMBER 15, 1952, BARRING PAYMENT OF PER DIEM WAS CORRECT, SINCE YOU WERE ON DUTY WITH CARGO HANDLING BATTALION ONE AND, IN ORDER TO PERFORM THE MISSION OF SUCH DUTY, YOU WERE REQUIRED TO PERFORM DUTY AT DIFFERENT PLACES. IN A SUBSEQUENT REPORT OF JANUARY 20, 1954, THE BUREAU OF NAVAL PERSONNEL REPORTED THAT YOU REPORTED TO A DETACHMENT OF YOUR OWN UNIT AT GUANTANAMO BAY. WHERE, AS HERE, DIFFERENT UNITS OF AN ORGANIZATION ARE STATIONED AT DIFFERENT PLACES AND MEMBERS OF ONE UNIT ARE DIRECTED TO PERFORM TEMPORARY DUTY WITH ANOTHER UNDER CIRCUMSTANCES WHERE BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES ARE AVAILABLE, THIS OFFICE HAS REGARDED SUCH DUTY AS BEING PERFORMED AT THE OFFICER'S DESIGNATED POST OF DUTY. HENCE, THERE APPEARS TO BE NO VALID BASIS TO QUESTION THE CORRECTNESS OF THE VIEW EXPRESSED BY THE CHIEF OF NAVAL PERSONNEL.

THERE BEING NO AUTHORITY FOR THE PAYMENT OF PER DIEM FOR TEMPORARY DUTY PERFORMED AT AN OFFICER'S DESIGNATED POST OF DUTY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.